22434. Adulteration and misbranding of confectionery.    U.  S. v. 36 Boxes
of   Confectionery.    Default   decree   of   destruction.     (P   &.   D.   no.
32412.    Sample no. 41269-A.)
This case involved a shipment of confectionery that contained alcohol. The 
article was labeled with a false, misleading, and deceptive statement that it 
was not a confection.
On March 21, 1934, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 36 boxes of confectionery at Minne- 
apolis, Minn., alleging that the article had been shipped in interstate commerce, 
on or about February 24, 1934, by the Midwest Candy Co., from Chicago, Ill., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. . The article was labeled in part: " Genuine Old Time Favorite Cordials 
Not a Confection."
It was alleged in the libel that the article was adulterated under the pro- 
visions of the law relative to confectionery, in that it contained spirituous 
liquor.
Misbranding was alleged under the provisions of the law relating to food, in 
that the statement, " Cordials, Not a Confection ", was false and misleading and 
deceived and misled the purchaser.
On May 2, 1934, no claimant having appeared for the property, judgment was 
entered ordering that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.